Dock Rules - FAQs

The following questions and answers are "plain English" explanations of commonly asked questions. These serve as the "Dock Rules" published by the Laguna Dock Committee and as general information provided for your convenience.  In case of a conflict between these answers and the underlying regulations, resolutions, specification documents, etc., the actual source documents shall apply.


CATEGORY: SLIP LICENSES

Slip Licenses History

When the Riviera Dunes Harbor was created by the land developers, the Florida Department of Environmental Protection (FDEP) issued a master permit for the harbor and for allowing a certain number of total slips in the harbor. This master permit was later transferred from the developer to the Riviera Dunes Master Board of Directors when the property was turned over to the HOA.

A certain number of the total slips allowed in the harbor was allocated to each of the developers of the residential HOAs around the harbor. This was done by the Master HOA issuing slip "licenses" that grant slip right-of-use but not ownership of any piece of the harbor bottom land. Laguna was allocated 28 of these slip licenses for the creation of the Laguna Dock as slips to sell to Laguna condo owners.

Originally the Laguna developer allocated the individual slips licenses to individual purchasers of Laguna condo units. Now the Laguna HOA administers the transfer of these slip licenses from one Laguna condo owner to another.

The slip license issuance authority sequence is:  FDEP -> Riv Dunes Master Assn -> Laguna HOA -> Individual Slip Owner

The FDEP, Riv Dunes Master Assn and Laguna HOA each place certain requirements on the issuance, transfer and administration of these slip licenses.

Slip Licensee Responsibility and Accountability (Board Resolution Adopted 10/11/2012)

EACH LAGUNA SLIP LICENSEE IS FULLY RESPONSIBLE AND ACCOUNTABLE TO THE LAGUNA HOA FOR ALL COMPLIANCE OF RULES AND COVENANTS BY THE SLIP LICENSEE, SLIP TENANTS OR SLIP GUESTS INCLUDING, BUT NOT LIMITED TO ANY DAMAGE TO HOA PROPERTY, REMOVAL OF SUNKEN VESSELS AND POLLUTION CLEANUP. THE SLIP LICENSEE SHALL IMMEDIATELY TAKE ACTION TO BRING A NON-COMPLIANT SITUATION INTO COMPLIANCE AND THE ACTIONS NECESSARY BY THE SLIP LICENSEE SHALL NOT BE LIMITED OR GOVERNED BY THE ACTIONS OR INACTIONS OF A SLIP TENANT, SLIP GUEST OR THIRD PARTIES. THE OBLIGATIONS OF THE SLIP LICENSEE ARE NON-TRANSFERRABLE TO ANY OTHER PARTY. THE SLIP LICENSEE SHALL DEFEND AND HOLD THE HOA HARMLESS FROM ANY CLAIMS ARISING FROM OR RELATED TO A SLIP TENANT OR SLIP GUESTS OR INVITEES AND THE SLIP LICENSEE SHALL REIMBURSE THE HOA FOR ANY EXPENSES INCURRED BY THE HOA, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEY FEES FOR A CONSULTING ATTORNEY TO MONITOR THE DEFENSE OF THE HOA BY THE SLIP LICENSEE. THE SLIP LICENSEE SHALL ALSO REIMBURSE THE HOA FOR ANY ENFORCEMENT COSTS OF THIS PROVISION INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEY FEES. NOTWITHSTANDING THE TERMS AND CONDITIONS SET FORTH HEREIN, SHOULD THE SLIP LICENSEE FAIL, IN THE SOLE OPINION OF THE HOA, TO TAKE TIMELY ACTION TO BRING A NON-COMPLIANCE CLAIM INTO COMPLIANCE, INCLUDING, BUT NOT LIMITED TO REPAIR OF DAMAGE TO COMMUNITY PROPERTY, POLLUTION CLEAN UP AND SUNKEN VESSEL REMOVAL, THEN THE HOA, MAY, WITHOUT OBLIGATION OR ASSUMPTION OF LIABILITY, TAKE WHATEVER ACTIONS ARE REQUIRED TO ACHIEVE COMPLIANCE AND CHARGE ALL EXPENSES INCURRED TO THE SLIP LICENSEE WHO SHALL PAY THESE EXPENSES WITHIN 30 DAYS.

What is the RD Vessel Registration-Insurance Form?

As a condition of each slip license, the Riviera Dunes Master Association requires that every slip licensee and boat owner provide the HOA with their contact and vessel information, and have both the master association and the neigborhood association added as additional insureds on vessel insurance. Every slip licensee and every boat owner must see that the HOA has a completed and signed RD Vessel Registration Form on-file. A page attached to the form explaining the insurance requirements must be sent to the insurance company for each vessel. You can download the RD Vessel Registration-Insurance Form using the Downloads tab on this web site.


Once your information has been received and entered into this membership web site you can then use the "Edit membership" link on this web site's Home page to update your contact info information.

Whom may I sell my slip to?

You don't actually "sell" your slip. You "transfer" your slip license assignment to someone else using a "Slip License Assignment" document that gets recorded at the county like a deed. An example of such a document can be found in the Downloads section of this web site. Further, your slip license is assigned to a specific Lagnuna condo unit that you own as stated in your slip license. You may only transfer your slip license to: (1) the party who is buying the condo unit that your slip license is assigned to; or (2) another Laguna condo unit owner. In either case you should execute a Slip License Assignment document and have it recorded.

  1. Whenever a condo unit is sold with a slip license still assigned to it, the slip license automatically transfers to the new condo unit owner upon recording of the deed of sale for the condo. This is per the original slip license document (see the applicable slip license) and is independent of the Laguna HOA's first-right-of-refusal on the slip license. This is consistent with a requirement that a slip license can never be held by a party who is not a current condo unit owner at Laguna or the Laguna HOA itself.

  2. Whenever a condo unit is sold with a currently assigned slip license, the Laguna HOA is supposed to be offered the option to purchase the slip license at the same price as it is being offered to a prospective buyer. This is not a Laguna HOA Board approval of the slip license transfer to a new owner, but rather a purchase option on the slip license. This is a relic provision in the documents left over from the days when the developer was in control of the property and the Laguna HOA Board has declined to enforce its purchase option to-date and will likely continue to decline. All future sales of condos with licenses have an automatic waiver of this purchase option documented in the HOA Condo Sale Application form. Any Slip license holder who acquired a slip license with a condo purchased prior to July 2013 may want to consider submitting a "Waiver" document to the Board for signing to keep on file with your slip license document. It may be required by your title company when you sell your slip license (condo).

  3. An owner of a condo with a slip license assigned may transfer the slip license to another Laguna condo owner prior-to the sale of the condo unit to which the license is assigned. In this case the Laguna HOA does not have the purchase option or right of approval of the transfer. However, the Riviera Dunes Master Association technically does have the right to approve such a transfer with such approval not being unreasonably withheld. This is set forth in Amendment Six (Section 9.03-C) of the master association docs. Warning!...the slip license is an "appurtenance" to your Laguna condo unit and you may not be free to sell it to another Laguna owner if you have a mortgage or you have signed a real estate sale listing on your condo in which case an attorney should be consulted before attempting to sell the slip to another Laguna owner.

  4. There are no time-limits set forth for any of the above. The only  timing requirement of the Laguna HOA and Riviera Dunes Master Association is that unless there is evidence that a slip license was transferred to another Laguna condo owner on a date prior to the sale of the condo unit to which the license was assigned (usually evidenced by a recorded license assignment document), then the slip license automatically transfers to the new condo unit owner when the deed of sale is recorded, even without an explicit license transfer document or mention of the slip in the condo sales agreement or deed of sale. Without a slip license assignment document recorded at the county as evidence of the slip license transfer prior to the sale of the condo, such a slip transfer would need to be evidenced by other documents and testimony that would hold up in a court of law under penalty of perjury, such as a dated, signed and witnessed sales agreement, specified sales amount, evidence of deposited funds, etc.. Without such evidence the slip license automatically transfers to the new condo owner.

  5. When a condo with a slip assigned to it is sold the HOA will consider the new condo owner as the new slip owner even if a slip license assignment document is not executed and recorded. The HOA fees for the slip will be billed to the new condo owner. However, the new owner may later run into difficulty trying to sell because the next title company will be looking for the recorded slip license assignment.

How do I "record" a slip license assignment document?

After you have your attorney or agent prepare a slip assignment document (see example on the Downloads page of this web site) and have it signed, witnessed and notarized by both parties and by both the Laguna HOA and the Riviera Dunes Master HOA then you should record it in the records of Manatee County. After recording it you should send a copy to both the Laguna and Riviera Dunes Master HOAs and to the Laguna Dock Committee.

 Go to the Manatee Courthouse at 1115 Manatee Ave W, Bradenton, FL (941) 749-1800 and have the pages recorded at the Records counter. You can parkon Manatee avenue across the street from the courthouse and walk up to the traffic light to cross Manatee Ave. Go in the courthouse front door and go through security (metal detectors and bag inspectors). (Note: they won't let you in with even a tiny pen knife.) The recorder's counter is all the way to the back of the building down the hall with a left-right jog. Ask the security guard how to find it. Once at the Records counter just tell them you want to have the document recorded. They will look at the document and prepare an invoice that you will take to the cashier about half way back up the hall the way you came. Pay the cashier and get a receipt. It will cost $10 for the first page and $8.50 per additional page. There are no "doc stamp" or "tax" fees. Take the paid receipt back to the Recorder's counter and they will scan the document for recording and give it back to you along with a paper that shows the record book and page number(s) where it will be recorded. That's it. You're done. It will appear in the Manatee County online records search in a few days.

Whom may I rent my slip to?

You may rent your slip to a Board-approved tenant of any Laguna condo but only for while that condo lease is in effect. You may also rent your slip to any other Laguna condo unit owner. There are no rules regarding the terms of the slip rental.

Please note-- you, the slip licensee, continue to be responsible and accountable for all compliance by the occupant of the slip including the responsibility for providing all the contact and boat information about the slip renter. You also remain responsible for all costs allocated to your slip.

Is there a "Day Slip" on the Laguna Dock?

No. There is no community slip on the Laguna Dock. All slips are reserved for use by their respective slip license holders. There are references to a community slip in the Laguna association documents however such a community slip was not included in the permit granted for the dock. None of the multi-slip residential docks in the Riviera Dunes Harbor have community slips.

Is the Laguna Dock a common amenity for all Laguna residents?

No. Because there is no community slip on the Laguna Dock, Laguna residents who do not hold slip license assignments do not have any rights of use of the Laguna Dock. However, the Laguna Dock Committee and the Laguna Dock slip licensees presently allow other Laguna residents to walk onto and fish from the Laguna Dock as guests so long as they behave responsibly. Please see the home page of this web site for more information.

What are the ongoing recurring costs to license a slip at the Laguna Dock?

At the present time the HOA fees are $275 per quarter for each slip of any licensed length. These are paid on the same schedule in the same manner as the quarterly condo HOA fees.

At the end of each year the management company sends each slip licensee a real estate tax bill. In 2016 the annual property taxes cost approximately $6.00 per foot of licensed slip length.

The electric usage is billed to each slip monthly according to the electric meter in each slip's power stanchion.


CATEGORY: DOCK & BOAT MAINTENANCE

Who pays the costs of maintaining the Laguna Dock?

The association documents explicity state that all costs associated with the Laguna dock are the responsibility of the Laguna Dock slip license holders. The HOA is however responsible for overseeing dock maintenance and slip license compliance. In most cases the HOA first pays the costs and then apportions it to the slip license holders for reimbursement using various methods. Almost no dock expenses are born by the Laguna unit owners at-large. In certain minor dock expense cases, the administrative costs to the HOA to apportion and collect the expenses would cost the HOA more than they would collect so these minor costs are born by the HOA. 

What should I tell someone I hire to clean/work on my boat?

You must first inform the Laguna Guardhouse the name of the company/person you have hired and the boat they will be working on and when you first expect them to arrive. Persons you hire to clean/work on your boat must check-in at the Laguna Guardhouse each time they enter Laguna either by car or by boat and tell the guard which boat(s) they will be working on. 

Please note-- They are only allowed to work during the same days-of-the-week and times-of-day that are authorized for work on the condos, not after-hours or on weekends. All supplies, tools and equipment must be removed from the dock or slips at the end of each workday and they may not be stored anywhere on Laguna property. These items may be stored overnight on the boat being worked on, however they may not be left on any part of the dock or floating in a slip.

Who pays for damage at or near my slip?

If a part of the dock associated with your slip, such as the power stanchion, is found to be damaged, then:

  1. If the Dock Committee has information as to who caused the damage, that person will be charged if possible. Otherwise,
  2. If you or your tenant have used the slip (had a boat in it) prior to discovery of the damage, then you will be charged. Otherwise,
  3. The costs will be treated as a general dock expense and paid by all slip licensees.

CATEGORY: DOCK USE

May I let a "guest" put a boat in my slip?

Yes. Your guest may place a boat in your slip but only so long as the person is physically in residence in a Laguna condo. You must provide contact and boat description information to the Laguna Dock Committee (use the Contact Us link on the home page) and to Laguna Security (guard shack) immediately upon occupancy of the slip.

Please note-- In the case of a named storm your guest must remove the vessel from the Laguna Dock. You remain responsible and accountable for an

How long may I live aboard a boat in my slip?

Under the restrictions of your slip license by the Florida Dept of Environmental Protection you are limited to staying aboard your boat not more than ten days out of any thirty day period.

Is fishing from the dock allowed?

Yes. Slip license holders have the right to fish from the dock. The Laguna Dock Committee and the Laguna slip licensees currently allow other Laguna residents to fish from the Laguna Dock so long as they act responsibly. This includes: not fishing in any slip that has a boat or lift or "No Fishing" sign; not cleaning fish on the dock; not leaving any fishing items on the dock when not actively fishing; always removing all trash and debres; and not interfering with any boat entry/exit.

May I launch or keep an inflatable, jet ski, kayak, canoe, row boat, paddle-boat, etc at the dock?

If a small boat is used as a tender or recreational accessory on a larger boat it may be stored upon the larger boat out of the water when not in use. Otherwise, only one boat of any type is permitted in a slip. The boat must be in the water or on a lift, it may not rest on any part of the dock. A floating lift for a single small boat may be placed in the slip with the boat on it, so long as the lift and boat are only attached to the dock by lines to the dock cleats. The launching or retrieval of any boat by carrying across the ramp or the dock is prohibited. Only slip licensees or their tenants or guests may use the dock with any type of boat.

What is the maximum size boat I can put in my slip?

The following policy statement was published 7/13/2016 by the Riviera Dunes Master Association after written approval by the FDEP...

"Slip License Length" is defined individually for each slip under the applicable FDEP permit.

"Vessel Length" is defined as the measured length of the primary vessel structure. This is measured beginning at the longer of the forward-most tip of the bow or primary bow pulpit structure excluding anchors, anchor roller brackets, hand rails or ladders that may extend further forward and ending at the longer of the aft-most edge of the transom or primary swim platform structure excluding outdrives, outboard motors, bolted-on outboard motor mounting brackets, trim tabs, secondary moving swim platform extensions, fishing outriggers, flag poles, anchor lights, ladders, davits or dinghies that may extend further aft.

A boat's Vessel Length shall not exceed the Slip License Length unless the slip has two mooring pilings, one on either side of the slip's entrance, in which case the boat's Vessel Length as defined here may be up to ten percent (10%) longer than the Slip License Length.

Any situation that is not clearly within the definitions above shall be submitted to the Riviera Dunes Master Board for approval in writing. The Riviera Dunes Master Board may suspend the slip license when a vessel not in compliance with these definitions is observed in the slip. In the event of any conflict between this definition of slip or vessel length and that of the FDEP then the findings of the FDEP shall prevail and slip licensees will be required to comply with the FDEP findings.

CATEGORY: SLIP IMPROVEMENT & ALTERATIONS

Please note... Absolutely nothing may be permanently attached anywhere on the dock structure without obtaining prior written permission from the Laguna Dock Committee.

-- Maintenance, repair and replacement of all slip pilings, lifts, dock boxes, or other individual slip improvement items, whether installed by the original developer or a slip licensee, are the responsibility of the current Slip Licensee along with liability for any damage caused by these items.


-- A licensed, insured and qualified contractor must be used for certain slip improvements and/or alterations. See below.  The Laguna Dock Committee does not recommend or endorse specific contractors.
 

-- The Laguna Dock Committee has full authority over Laguna Dock operations and maintenance. 
The Laguna Dock Committee will consider each improvement application on a case-by-case basis including the aesthetics of the proposed improvement. Improvements approved to one slip may not be approved in the case of another slip. 

-- If an attached item is to be removed, the Slip Licensee is responsible for obtaining instructions from the Laguna Dock Committee on how repairs are to be made to any holes, bolts, dock surface, etc., who will make the repairs, and the cost of such repairs.

May I install a Boat Lift in my slip?

Slip license holders may install a boat lift after obtaining prior written permission from the Laguna Dock Committee and the Riviera Dunes Master Association by using the “Laguna_Dock_Alteration_Request_Form.pdf” form.  The boat lift must meet the pre-established specifications noted in the “Laguna_Dock_Specification_Boat_Lift.pdf” form and must be installed by an appropriate licensed and insured contractor. These forms are located on the Downloads tab of this web site.

May I install a Piling in my slip?

Slip license holders may install a piling after obtaining prior written permission from the Laguna Dock Committee and the Riviera Dunes Master Association by using the “Laguna_Dock_Alteration_Request_Form.pdf” form.  The piling must meet the pre-established specifications noted in the “Laguna_Dock_Specification_Mooring_Piling.pdf” form and must be installed by an appropriate licensed and insured contractor. These forms are located on the Downloads tab of this web site.

May I install a Dock Box near my slip?

Slip license holders may install a dock box after obtaining prior written permission from the Laguna Dock Committee by using the “Laguna_Dock_Alteration_Request_Form.pdf” form.  The size and/or placement of the dock box may be restricted to preserve walkway clearances. The dock box and its installation method must meet the pre-established best practice specifications noted in the “Laguna_Dock_Specification_Box.pdf” form. These forms are located on the Downloads tab of this web site.

May I install additions Cleats at my slip?

Slip license holders may install additional cleats after obtaining prior written permission from the Laguna Dock Committee by using the “Laguna_Dock_Alteration_Request_Form.pdf” form and the cleats must be installed by an appropriate licensed and insured contractor.  The cleat and its installation method must be similar to those already existing. This form is located on the Downloads tab of this web site.

May I install a Fenders, Bumpers, Hose reels, etc. at my slip?

Slip license holders may permanently install items such as fenders, bumpers, floats or hose reels after obtaining prior written permission from the Laguna Dock Committee by using the “Laguna_Dock_Alteration_Request_Form.pdf” form. Each of these items must be similar in design and installed in a manner consistent with existing slips. This form is located on the Downloads tab of this web site.  


CATEGORY: EMERGENCIES

What should I do if I see smoke/fire coming from a boat?

For instructions, please click on the tab named "FIRE" in the main menu bar above, or click HERE

What should I do if I see a boat taking on water?

Make note of the Slip Number (on top of the power stanchion) and/or the boat description & registration number and Contact a Laguna Dock Committee member or the Laguna Guardhouse.

The Dock Committee or the Laguna Guard will attempt to reach the boat's owner.

Do not board the boat unless you have expressed permission by the boat owner.

What should I do if I see a fuel slick at or near the Laguna Dock?

Make note of the Slip Number (on top of the power stanchion) and/or the boat description & registration number and Contact a Laguna Dock Committee member or the Laguna Guardhouse.

The Dock Committee or the Laguna Guard will attempt to reach the boat's owner.

Do not board the boat unless you have expressed permission by the boat owner.

What should I do to prepare for a named storm?

With the possibility of a strong named storm coming our way, here are some tips on preparing your boat...

  • If your boat is on a lift, Boat US strongly recommends getting your boat off the lift and onto the hard. If you are leaving your boat on the lift then be sure you have some lines tying the boat to the lift so the boat doesn't float off the lift in really high water. Do not tie the boat or lift to the dock. Also be sure your boat does not overhang the dock so that the dock, pedestals, dock boxes etc will not impact the boat if the dock raises several feet. See the BoatUS information...Lift in a Storm.pdf
  • Boats in slips should be centered in the slips to provide as much clearance as possible from the dock and neighboring boats. If your boat is stern-in be sure there is ample clearance between the stern corners of your boat and the dock. Put out well-tied fenders to protect against rubbing the dock or another boat.
  • Dock lines should be doubled-up and attention given to possible chafing of the lines. With our floating dock system the lines going to dock cleats should not have much slack. Do not rely solely on the dock cleats at the end of finger piers. Run additional lines all the way back to the main dock runway. Do not tie any lines around the concrete dock pilings.
  • As many lines as possible should also be run to wood pilings if available. These should have enough slack for very high or low water levels.
  • Verify that your bilge pump is enabled and that your batteries are charged. Verify that your shore power and battery charger are on.
  • Be sure any water lines or hoses to your boat are disconnected.
  • Verify that bilge drains, cockpit drains, scupper drains or other drains and draincocks are open and clear of anything that may obstruct or clog them.
  • Remove or stow any loose items that might blow away including cushions, preservers, coolers, fishing gear etc..
  • Consider removing canvas bimini tops, cockpit covers, etc..
  • Look at the boat(s) next to yours and if not comfortable with it's preparations contact it's owner.
  • Have your boat insurance paperwork at-hand just in case.
  • During the event, if you see a boat in trouble or hear a warning alarm going off then contact Laguna Security at 941-729-9519 or 941-538-8143.

Prepare for the worst. Hope for the best!

Good luck to all.


 


Laguna Dock Group

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